Legal Case Summary

Case Details
Case ID d86901ee-1749-4ab0-ae0c-71e128388a9a
Body View case body.
Case Number Civil Appeals Nos. 287, 288 of 1986, 45 and 46 of
Decision Date Apr 18, 1990
Hearing Date
Decision The Supreme Court dismissed the appeals of the appellants, affirming the decision of the Service Tribunal regarding the ante-dating of promotions and the reversion of the appellants from Grade-19 to Grade-18. The Court held that the Service Tribunal's findings regarding the availability of promotion vacancies were binding and that the promotion of the respondents was valid based on the principles of seniority and fitness. The Court also ruled that the reversion of the appellants was a consequence of implementing the Supreme Court's previous decision, thus upholding the law and ensuring the integrity of the civil service promotion process.
Summary This case revolves around the promotion and seniority disputes within the Education Department of N.W.F.P., specifically addressing the legality of ante-dating promotions and the subsequent reversion of direct recruits. The Supreme Court examined whether the promotions could be retroactively applied and whether the principles of natural justice were upheld in the reversion process. The decision emphasized the binding nature of previous judgments and the need for adherence to established service rules, ultimately reinforcing the legal framework governing civil service promotions. Keywords: civil service, promotion disputes, natural justice, Supreme Court rulings, seniority rights.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY
Lawyers Abid Hasan Minto, Man7oor Ilahi, Noor Ahmad Khan, Mian M. Ajmal, M. Zahoor Qureshi
Petitioners S. ABU SAEED
Respondents GOVERNMENT OF N.W.F.P.
Citations 1990 SLD 1184, 1990 SCMR 1623
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 212(3)